ASHIF JAMAL SIDDIQUE SON OF N A SIDDIQUE Vs. STATE OF BIHAR AND; AMITABH KUMAR SON OF K N SHARMA, MANAGER TRIKON MUTUAL BENEFIT LIMITED

JUDGEMENT

(1.) The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 3.2.1999 passed by Sri H.N. Shukla, Judicial Magistrate, Ist Class, Sitamarhi in T.R. No. 44 of 1999 arising out of Complaint Case No. 960 of 1998. By the said order, the learned Magistrate has taken cognizance for the offences under Sections 406, 409, 417, 418, 420, 467 and 468 read with Section 120B of the Indian Penal Code.

(2.) Short fact of the case is that opposite party no.2 filed a complaint petition vide Complaint Case No.960 of 1998 disclosing therein that he was an unemployed person and the officials of an organization, namely, Trikon Corporation Limited, Lucknow, persuaded him to be appointed in the Corporation and thereafter, the complainant was persuaded to collect fund which was to be refunded to the depositors after its maturity. Virtually, the Corporation in question was a private financial company. The complainant alleged that after collecting the deposit from several depositors maturity amount were never paid to the depositors. Subsequently, officials/Director of the Corporation disappeared and, thereafter, the present complaint petition was filed for the offences under Sections 406, 409, 417, 418, 420, 467 and 468 read with Section 120B of the Indian Penal Code. After filing of the complaint petition, the complainant was examined and in support of the complaint petition, six witnesses were examined as enquiry witnesses and several documents were also produced. Learned Magistrate after perusing the materials on record and discussing the allegation/contents of the complaint petition in detail, by order dated 3.21999 took cognizance of the offences under Sections 406, 409, 417, 418, 420, 467 and 468 read with Section 120B of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, the petitioner approached this Court by way of filing the present petition. This petition was admitted on 13.3.2000 and while admitting the case, this Court directed that pending disposal, further proceeding in Complaint Case No. 960 of 1998 (T.R. Case No. 44 of 1999) pending in the court of Sri H.N. Shukla, Judicial Magistrate, Ist Class, Sitamarhi, shall remain stayed and stay order is still operative.